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The current Nexus ROBS product uses a new C-Corporation as the sponsoring employer. The corporation establishes the 401(k) plan, and the plan trust purchases qualifying employer securities issued by the corporation. Nexus does not support an LLC, S-Corp, or sole proprietorship for this ROBS structure. This is a statement about the Nexus product design, not a claim that every retirement-plan investment in every other entity form is legally impossible.

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Current jurisdiction options

The Nexus application currently offers Delaware and Nevada incorporation. Nexus coordinates:
  • Formation filing and state filing fee
  • First-year registered agent
  • C-Corp EIN letter
  • Initial company setup
The best jurisdiction depends on the business’s operations, owners, licenses, taxes, financing plans, and foreign-qualification obligations. Formation in Delaware or Nevada may still require registration and fees in the state where the company actually conducts business.
State franchise taxes, annual reports, registered-agent renewals, foreign qualification, and business licenses follow separate rules. Nexus ongoing scope includes registered-agent annual renewal and filing service fees, but the signed agreement and applicable government charges control.

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Order of operations

1

Form the C-Corporation

Establish the sponsoring employer before plan adoption and capitalization.
2

Establish the plan and trust

The corporation adopts the 401(k) plan, and the plan trust receives its own EIN.
3

Complete direct rollovers

Eligible source funds move into the new plan using the approved pre-tax or Roth 401(k)-only path.
4

Issue stock to the plan trust

The plan trust purchases company stock at the documented transaction value, and the corporation receives working capital.

View the ROBS process

See formation in the complete customer journey.